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The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
May 24, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
DOL News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.

Editor's Comments of the Day

In United States v. Zapata, No. 99-50156 (5th Cir. May 19, 2000), the Fifth Circuit upheld as Constitutional the stop and search of a vehicle by Border Patrol Agents. The van was traveling approximately 24 miles north of the border with Mexico on a road which did not have an immigration checkpoint. The van was traveling at a normal speed and the Border Patrol had not issued any reports of suspicious activity. Despite the seeming law-abiding behavior of the driver the Border Patrol agent made a u-turn, followed the ban and put on his high beams. The van slowed and had difficulty maintaining its lane which indicated to the agent that the driver was nervous and "possibly looking in the rear view mirror to see who's behind him." When the agent observed several slumped bodies in the van he pulled it over. The court considered it a close issue, but concluded that under the totality of the facts and the circumstances, the agent had reasonable suspicion to stop the van. The reward for being an observant driver in Texas? A stop by the Border Patrol.


Federal Register News of the Day

TPS for Kosovo to End
Temporary Protected Status for Kosovo will end effective December 8, 2000. Those who currently hold TPS must re-register between May 23, 2000, and June 22, 2000.


Cases of the Day

Articulable Facts Required for Border Patrol Stop
In United States v. Zapata, No. 99-50156 (5th Cir. May 19, 2000), the Fifth Circuit reiterated the specific articulable facts that reasonable warrant suspicion that a vehicle is involved in illegal activity for purposes of a stop by Border Patrol Agents.

BIA Erred in Relying on Country Reports
The Seventh Circuit found in Galina v. INS no. 99-3836 (7th Cir. May 22, 2000), that the Board of Immigration Appeals erred when it relied solely on the State Department's Country Reports to rebut the alien's presumed well-founded fear of persecution.

Immigration Judge Must Make Clear Irrevocable Waiver of Right to Appeal
[you need Acrobat to read this pdf file]

In In re Rodriguez-Diaz (Int. Dec. 3431, May 18, 2000), the Board of Immigration Appeals held that an un-represented alien who accepts an Immigration Judge's decision as "final" does not effectively waive the right to appeal where the Immigration Judge failed to make clear that such acceptance constitutes an irrevocable waiver of appeal rights.


DOL News of the Day

[you need Acrobat to read these pdf files]

DOL Issues GAL 1-00 on Availability and Use of OES Statistics The Department of Labor has issued its General Administration Letter 1-00 to all State Employment Security Agencies regarding the availability and use of occupational employment statistics survey data for alien labor certification prevailing wage purposes.

GAL 1-00 Attachment A                                                   GAL 1-00 Attachment B


ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law. Please send articles to editor@ilw.com.


Immigration News of the Day

AILA Sues INS: Let Our Healthcare Workers In
U.S. Newswire reports that the American Immigration (AILF) today filed suit against the Immigration and Naturalization Service seeking regulations that would allow thousands of healthcare workers to become permanent residents.


ILW.COM Highlights of the Day

Which is your favorite feature? Chat, Immigration Daily, Discussion board or .......?
We value what you have to say. Please respond to communication@ilw.com .


ILW.COM Chats and Discussions of the Day

Call for Opinions
A poster on the discussion board asks for opinions on the H-1B legislation pending in the House of Representatives. Why not contribute yours?


Letters to the Editor


We encourage correspondence on any immigration related matters and comments on the ILW.COM site. Send letters to editor@ilw.com. Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.


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